The clarion. [volume] (Jackson, Miss.) 1883-1888, 1887-06-01
EVENING SESSION.

Jackson, May 26,-Court reas sembled at 3
o clock
District Attorney Miller announced that
he desired to state that Mr.. Oliver Clifton
wanted to make an explanation of part of
his evidence given Ii the morning.
The court granted this permission, and
Mr. Clifton said: Acting on a rule | have
followed through life, to apologize whenever
l have said or done anything which did not
commend itself to my good judgment, de-
sire to apologize to the court and counsel
and all persons interested for an expression
| which escaped my lips during the heat of
| rigid cross-examination. | am the last
man in the world to say anything that
would wound the feelings of anyone
| unnecessarily. | regret the language used,
and ask permission of the court and
counsel 10 have it expunged from the rec
ord
District Attorney Miller here moved that
| il be stricken from the record.
| Mr.. Allen here arose and stated that it
was not his intention or desire to have
| drawn from Mr.. Clifton any statement of
| the kind, and that it was unintenttonal and
| only owing to the rigid cross examination.
The case was here resumed.
MR.. LAMAR FoNTAINE,
| surveyor, was put on the stand. He said
that he had made survey of the street,
| both sides, from Simmons market to the
post where the shooting took place
measured the opposite side, noting the
most prominent distractions noted that
he had left out the house of MIR. Fitzgerald
but had since added it in pencil The map
presented was a true survey, giving ali the
physical distractions, etc. made an exam
nation of the bullet hole in Wyatt's school
house. and gave the court the proper
| angles +; took the track of the ball; on a
straight line it would miss the iron chord
about two and one half inches the dis
TO Of tho ali LION feet The line in |
the first map approximately represented |
the course of the ball arrived at the con- |
clusion by mathematical calculation. The |
diagram or map was offered in evidence. |
The length of the northeast approach is |
1l9 feet, the northwest approach eighty |
nine feet Major Fontaine was asked TO /
locate the Fitzgerald house and the lamp |
post where Nellie Dinkins placed herself.
He promised to do this, and the defense
announced that their case had closed.
The State here announced that after
court adjourned it would request the chan
celor to visit the bridge a man would be
placed in the red wagon, sitting IN the |
exact position described by Col. Hamilton,
and the State would request the chancellor
to note the position, angles, etc.i when |
this was done the State would consider that |
the case had closed.
The chancellor was requested to make |
this examination or investigation after |
court adjourned. ne otHbe Slhttu luhl |
with this exhibition the State would close |
Mr.. Miller here asked what time the ar
gument would begin.
Col Nugent said I'VE have almost
reached the conclusion to file a writ OF
habeas corpus in the case of CJl. Hamilton,
but we desire to hold conference with
Judge Harris before taking final action.
There are two witnesses, and if we find
them before your honor closes the Ease we
would like TO introduce them. | think the
State can rest assured that the writ VIII,
in Col. Hamilton's case, be taken out
Mr. Allen here spoke up he said that it
was the desire of the prosecution and
seemed to be the desire of all concerned TO
get at all the evidence in the case and if |
any evidence for the State or defense |
should be found he understood that no OBJ |
jections to its introduction would be offered |
by either side.
Col. Nugent here asked when the court |
would f. day for the argument. lie said |
Judge Wiley P. Harris, who would open |
for the defense, was very much exhausted |
and would require some time to look over |
the testimony and prepare his argument |
He said we have the reports of
THE TIMEs-DEMocRAT
and Pieayune. which win fairly represent |
the principal points of the case He said /
that it would take some time for the stenog-
raphers to write out all the evidence
Mr.. Miller said that it would take prob |
ably two weeks. Judge Calhoon asked if it /
was necessary to have all the evidence tran
scribed before the chancellor gave his de- /
cision. He said that he thought not and /
suggested that court assemble the middle
of next week to hear the argument
Mr.. Allen said that he thought it was i'm
portant to write out the evidence as soon as
possible; no witness has had his evidence
read 10 him, and it was important that
tie testimony be verified as soon as practi-
cable.
Col. Nugent here remarked that it would
be impossible to get all the witnesses to
come to court to hear their evidence read
He still urged that the argument axe place
as soon as the attorneys had been given
time to arrange the case, and if any dispute
arose regarding the evidence, it could be
easily settled.
Mr.. Allen said that the testimony would
cut an important figure in the case vet TO
be tried, and he thought that it should be
written out before the argument. The chan
sellor had heard it, but it should be submit
ted to him SO that he could judge of its ac-
,uracy
Judge Peyton said that it seemed to him
hat the testimony should be written out as i
oon as possible. III
Judge Brame said that the State yould !
INSIST that the testimony should be written I
ut as soon as possible and before the argu- :
nent.
Mr. Green, for the defense, here arose and
aid that it would be an injustice to keep :
he men in jail during the time that it would D
equire to perform the mechanical part of a
he case. 81
Judge Cassidy said that it might be a "
ardship on the clients, but the Testimony n
hould be witten out. That while the news ei
apefs had correct accounts in general,
le reporters, not having the line of defense
r the prosecution as counsel understood -
, might have omitted points of impor- I
Ince. st
Mr. Miller said that the chief purpose wa. az
preserve the testimony for the grand iu- re
and Circuit Court; 1t does not seem sc
racticable to get the evidence ont before L
onday Of the week after next.
ond then. \.